My builder in Bareilly has delayed giving possession of my flat for over three years, what can I do under RERA?

Detailed Legal Analysis

Delay in possession is one of the most common grievances addressed under the Real Estate (Regulation and Development) Act, 2016. In Bareilly, you can file a complaint with the Uttar Pradesh Rent Control Act 1972 Real Estate Regulatory Authority seeking refund with interest or possession with compensation for delay.

The Authority can direct the builder to pay interest for the period of delay as specified in the agreement. The Allahabad High Court has held that buyers are entitled to interim interest and compensation for delayed possession.

You must submit the agreement for sale, payment receipts, and correspondence with the builder. The builder may claim extension of time on grounds of force majeure but must justify the claim before the Authority.

If the builder fails to comply with the order, you can approach the Real Estate Appellate Tribunal for enforcement. You may also file a consumer complaint before the Consumer Disputes Redressal Commission.